CHENNAI: The Madras High Court has stated that the period of incarceration does not entitle an undertrial prisoner to get bail and it should instead be decided by taking into account the magnitude of the offence and its impact on the society.
A division bench of Justices S M Subramaniam and M Jothiraman made the observation recently while dismissing an appeal filed by a person accused in a National Investigation Agency Act case, challenging cancellation of the bail granted to him following violation of bail conditions and prolonged abscondence.
The bench said the main submissions of the appellant’s counsel that the accused has already served more than five years as undertrial prisoner and the abscondence was a technical violation have no consequence.
“Mere fact that the appellant/accused had undergone a certain period of incarceration itself would not entitle the appellant/accused to being enlarged on bail. It is settled law that the number of days that a person stays in jail becomes irrelevant for the purpose of considering whether he is entitled to bail,” the bench said.
It noted, “It is the magnitude of the offence and the impact on the public at large on granting bail that matters.”
The appeal petition was filed by Noorudeen alias Rafi alias Ismail, who was booked by the National Investigation Agency (NIA) in a counterfeit currency case and was facing charges under the Unlawful Activities (Prevention) Act (UAPA). He was granted conditional bail by the HC, but he went absconding resulting in cancellation of the bail and subsequent remand in prison. His counsel said that his client had fallen ill and could not comply with the bail conditions.
But the bench, stating that violation of the conditions would impact the trial and he may influence the witnesses if enlarged on bail, dismissed the appeal.